CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.
CASA or its predecessors issued AD/PA-25/25 affecting Piper PA-25 aircraft equipped with rubber-lined fuel cells. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 20 November 2008. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides a legislative framework for ensuring the safety of civil aviation within Australia. This Act authorises the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the regulatory process, empowering CASA to issue ADs for specific types of aircraft or aeronautical products. This regulatory mechanism aligns with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type and on the State of Registry for the individual aircraft. The ADs serve as a critical means of communicating necessary information to maintain airworthiness. The cancellation of AD/PA-25/25 for Piper PA-25 aircraft equipped with rubber-lined fuel cells, effective from 20 November 2008, was conducted in accordance with Australia's international obligations, without the need for public consultation or a Regulatory Impact Statement, and was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA.
Scope and Application
The Civil Aviation (Safety) Regulations 1998, as amended by the Civil Aviation (Safety) (Airworthiness Directives) Amendment Regulation 2008, apply to aircraft and aeronautical products within the jurisdiction of the Commonwealth of Australia. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. An AD is a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, and it serves as the primary means of ensuring the continuing airworthiness of aircraft types. The State of Registry of an individual aircraft bears the responsibility for its continuing airworthiness, and must develop or adopt appropriate requirements as per Annex 8 of the Convention on International Civil Aviation. CASA issued an AD affecting Piper PA-25 aircraft equipped with rubber-lined fuel cells, which has since been cancelled in compliance with Australia's obligations under the Convention, with no replacement AD required. The AD cancellation process did not involve consultation with the Australian public, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products (section 39.001(5)). These ADs, which are legislative instruments, serve as crucial tools for maintaining the safety and airworthiness of aircraft in line with Australia's obligations under the Convention on International Civil Aviation. One such AD, AD/PA-25/25, affecting Piper PA-25 aircraft equipped with rubber-lined fuel cells, has been reviewed and subsequently cancelled by CASA, effective from 20 November 2008. This cancellation is in compliance with international obligations, and no replacement AD is deemed necessary.
The obligations imposed by these regulations require CASA to ensure that all ADs issued are aligned with the continuing airworthiness standards as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Registry of an aircraft, in this case, CASA, must ensure that the aircraft meet the necessary safety standards and that any ADs are properly managed and communicated. The State of Design also has a significant responsibility to provide necessary information to maintain the airworthiness of aircraft types. CASA, acting under the authority conferred by section 84A(2) of the Civil Aviation Act 1988, ensures that these obligations are met by issuing, reviewing, and cancelling ADs as appropriate.
Breaches of the provisions within the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. While specific offences and penalties under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are not detailed in this particular legislative instrument, it is generally understood that failure to comply with airworthiness directives can lead to enforcement actions by CASA. These actions may include fines, suspension, or revocation of an aircraft's certificate of airworthiness. The exact penalties would be determined based on the severity of the breach and the specific regulations contravened.